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Class Action Lawsuits:
Federal and state rules allow a large group of people with similar legal claims to join together in one civil lawsuit. To pursue a legal claim as a class, the prospective class members must satisfy the requirements for class certification, including numerosity, common questions of law or fact, typicality of the class representatives, and the likelihood of fair and adequate representation. These class action rules have allowed BK to seek redress for large classes of consumers and hold the manufacturers of defective or dangerous products liable for the injuries caused by their unsafe products or dangerous actions. The BK legal team has been involved with numerous national level class action lawsuits and has a proud history of standing up against powerful corporate interests.
Frequently Asked Questions:
What is a Class Action?
A class action is a civil lawsuit where one or more selected representatives, called "class representatives," sue on behalf of a class of people. The judge will first have to decide whether the claims of the class representatives arise from facts or law common to the class members. This is called "commonality" in legal terms. Most class actions are called "plaintiff class actions," because in a lawsuit the parties doing the suing are called "plaintiffs." But in limited circumstances, a class action can be filed against one or more defendants representing a group of defendants, and would be called a "defendant class action."
Class action suits can help people who have been harmed by another party, such as a product manufacturer or developer, a lending or other financial institution or an insurance company. An individual may have been injured or suffered some other damage, but one person's damage alone may not be great enough to justify the expenses of a lawsuit. The wrongdoer in such circumstances may get away with the wrong because of the cost of bringing a lawsuit. But if enough people have also been injured, then the combined damages may be enough to justify bringing a lawsuit to hold the wrongdoer responsible for the harm caused.
In federal court, the procedures for "certifying" a class (making the lawsuit a class action) are governed by Rule 23 of the Federal Rules of Civil Procedure. For general information about federal courts and how they are structured, and other information on the federal court system and its procedures, see the Federal Judiciary Homepage.
What types of class actions may be filed?
Most class actions are filed to recover money. Class actions may also be filed to resolve disputes over a "limited fund," where the money available is inadequate to fully compensate all class members. Occasionally, what's called "declaratory judgment" class actions are filed asking for a decision from a court as to the rights and obligations of the parties. Sometimes class representatives may be asking the court to order a person to do something or stop doing something. That's called an "injunctive relief class action." For example, a class action may be filed to request that the court order the police or authorities to stop doing something unconstitutional or to enforce environmental rights.
How do you know if you've got the makings of a class action lawsuit?
First, a significant number of people must be potential members of a class. This is called "numerosity" in legal terms. There must be so many potential plaintiffs that it is not practical that they each individually bring their claims. There is no magic number, as it is determined on a case-by-case basis. There must also be common facts or similar legal questions between the class members, called "commonality" in legal terms. The class representatives' claims must also be typical of those who are members of the proposed class. It isn't necessary that their claims be identical. This is called "typicality" in legal terms. Finally, the class representatives must be able to fairly and properly represent the class. The court must be convinced that the representatives will pursue the interests of the class and not just their own interests at the expense of the class members. This is known as the "adequacy" test.
Can I be bound by a settlement or judgment of a class action?
Yes. If the court decides the underlying legal proceedings were fair, all absent class members are generally bound by the judgment or settlement of a case. But if the lawsuit is primarily to recover money, absent class members are entitled to notice and an opportunity to "opt out" (exclude themselves) from the proceedings. If a person opts out, he is not bound by any judgment or settlement of the class action. If a person opts out, he may be free to bring a claim for damages individually. When a class action is for declaratory or injunctive relief, notice isn't required to bind absent class members and the court may not allow a person to opt out.
How do I join a class action?
Generally, before a court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. This is the "numerosity" requirement discussed above. Technically, class members do not "join" in the litigation, but decide to participate by not "opting out." It is only in rare instances that a suit is filed as an "opt in" class action. In those rare instances, a claim form or request to join form may be necessary. Ordinarily, the notice issued to class members in the usual suit for money damages will tell the class members if they need to take any action to participate. In a suit for money damages, any class member who does not "opt out" may be bound by the results of the litigation if it proceeds as a class action. If a class member should determine, however, that he wants to participate in the suit as a named party, he may hire his own lawyer and seek to "intervene" (participate) in the lawsuit.
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